If I’m the sole member of the LLC that I own and successfully sued a company that closed 2-3 months ago for money they owe me, will they have to pay my court cost and lawyer fees?

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If I’m the sole member of the LLC that I own and successfully sued a company that closed 2-3 months ago for money they owe me, will they have to pay my court cost and lawyer fees?

Asked on June 15, 2015 under Employment Labor Law, Illinois

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Unfortunately, in the U.S. legal system, the losing party very rarely has to pay the winner's legal costs, unless there was a written contract or agreement between the parties that stated that in the event of litigation, the loser paid the winner's costs. Also, if the company closed, as you write, you may not recover anything: if the company is closed (and if it was an LLC or a corporation, so that the owner(s) are not personally liable), there may be no money to pay the judgment against them. The law is trumped by reality: even if they are supposed to pay you something, if there is no money, you won't receive compensation.


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